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(영문) 서울남부지방법원 2016.05.31 2016고단1178
공무집행방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, around March 7, 2016, was drinking together with the Defendant within the main point of the Gangseo-gu Seoul Metropolitan Government B 2nd floor “C” around March 7, 2016.

Whether the police officer F, who belongs to the police station E division of the Gangseo Police Station, who was dissatisfied with D, submitted a report on 112 of the dispute with D, presents a test identification card.

Police need not be necessary.

2.2.2.2.3 2.2 2.2 2.2 2.2 2.2 2.3 2.2 2.2 2.2 2.2 2.2 2.2 2.2 2.2 2.2 2.3

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to report on site dispatch and investigation;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine (to take into account the following circumstances):

1. It is not easy to impose criminal punishment on police officers on the grounds of sentencing under Articles 70 and 69(2) of the Criminal Act, including those who have committed a crime disturbing public order, and those who have been punished for the same kind of crime.

However, in light of the circumstances such as the fact that a contingency crime under the influence of alcohol was committed, the degree of assault is not serious, the investigation agency submitted a reflective door to the investigation agency, and the police officer made efforts to recover damage by force, and the victim police officer does not want the punishment of the defendant. On the other hand, the victim police officers do not want the punishment of the defendant. On the other hand, the victim police officers have led to the confession of the crime and seriously against the crime, and are endeavoring to treat drinking habits by attending the alcohol counseling center, and there is no serious criminal history other than fines.

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